Arkansas Moped Accident Lawyers
Whether it is to get to work, go get groceries, visit a friend, or just go out for a ride, E-bikes, Vespas, and Mopeds have become a popular alternative to use instead of driving a car, truck, or another vehicle to get around town. In Fort Smith, the Ride 4 Smiles program recognizes how important it is for residents to get around town easily. The program offers a low-cost bike-sharing service to areas where many residents report needing a vehicle or access to public transportation.
Despite Mopeds, E-bikes and Vespas being affordable and allowing flexibility for traveling. There has been a sharp rise in accidents involving this form of travel. Severe traumatic brain and spinal cord injuries often occur from these types of accidents. Our attorneys are ready to investigate your case at the Law Office of Jason M. Hatfield. We will determine the next best step in securing a treatment plan and fighting for fair compensation for your injuries and suffering.
What is Considered Motorized Vehicles?
Motorized vehicles include Mopeds, E-bikes, and Vespas. E-bikes are typically referred to as bicycles with electric motors and operational pedals. The fastest class of E-bike travels up to 28 mph. A driver’s license is not required to operate one, but the rider must be at least 16 years old.
Injuries sustained in accidents involving E-bikes, E-Scooters, and hoverboards resulted in close to 200,000 ER visits in the nation between 2017 and 2020, according to a U.S. Product Safety Commission (CPSC) study.
Fayetteville Moped Accident Statistics
Recent statistics revealed that scooter crashes in Fayetteville involved a total of 116 accidents, 51 that the scooter driver caused. Of the 116 accidents, 91 of the Moped drivers were not insured. Injuries sustained in these accidents are typically serious, and the risk of riding such vehicles is increased significantly because no law in place in Arkansas mandates a Moped, E-scooter, or E-Bike rider to have a license if the vehicle is under 50ccs.
Two other factors raise the level of concern about accidents involving these vehicles in Arkansas include:
- Individuals aged fourteen may drive a Moped or E-bike; and
- Riders aged twenty-one or older are not legally required to wear a helmet.
These situations are even more difficult for an uninsured motorized vehicle rider. This is because any motorized vehicle under 50 ccs is not required to have insurance by law. Fayetteville does require all scooters ridden in the city to have liability insurance. Provisions like this are not available in other parts of the state.
Electric Bike Injury Statistics
E-bike riders are more likely to suffer internal injuries and be hospitalized. Powered scooter users had higher rates of concussion. E-bike injuries were more than three times more likely to involve a collision with a pedestrian than scooter or traditional bike injuries.
One study revealed that there were 245 million injuries reported, with 130,797 of them involving powered-scooter accidents. There were 3,075 e-bike injuries and about 9.4 million pedal bicycle injuries. The largest proportion of people involved in e-bike accidents were 18-44- and 45–64-year-olds, and 10–14-year-olds were the largest group injured from using a powered scooter.
Seventeen percent of those involved in an electric bike accident sustained internal injuries compared to 7.5 percent of those involved in a collision with a pedal bike or powered scooter.
Why Mopeds and Vespas are Dangerous
Despite alternative mobility choices and their appeal to a broad section of the population, there is a rising number of injury accidents involving Mopeds, Vespas, and E-bikes. Accidents involving these modes of transportation.
As with any accident, there is a high risk of serious injuries. According to a 17-year study conducted by the United States Consumer Product Safety Commission’s National Electronic Injury Surveillance System (NEISS), people riding E-bikes were more likely to sustain internal injuries and end up hospitalized compared to regular pedal bicycle riders. The major reason for E-bike injuries is the vehicle’s speed and the fall.
As a physician explained, a motorized form of a “bike” can reach speeds anywhere from 15-20 mph. A fall at that speed does far more internal damage than a fall off a bicycle that may be going 4-5 mph. The force of a fall while doing up to 20 mph is multiplied. The results are worse injuries.
Why Vespas Are Just as Dangerous as E-Bikes
Vespas are made-in-Italy motor scooters that can be driven on highways, but it’s generally not a good idea to do so. They’re not expensive and thus are an attractive option for transportation. They tend to have bigger engines and a capacity for greater speeds. Although small and speedy, there offer zero protection for riders or passengers. Most collisions with Vespas involved are fatalities. For those who survive, the injuries can be catastrophic.
If you are injured on a Moped or Vespa, the personal injury attorneys at Jason M. Hatfield are here to help. We bring years of experience and can determine who is responsible for your injuries.
How E-Bike Accidents Are Similar to Motorcycle Accidents
A 2021 Journal of Clinical Medicine article discussing E-bike injuries revealed that E-bikes are increasingly involved in traffic accidents and collisions with pedestrians.
The study evaluated 67 E-bike, 1141 bicycle, and 588 motorcycle accidents for injury patterns. The results indicated that E-biker’s injuries resembled those of bicyclists more than motorcyclists. E-bike accident survivors were approximately 14 years older and had a higher incidence of moderate traumatic brain injuries than those involved in bicycle accidents.
Pelvic injuries in E-bike accidents were twice as high as in bicycle accidents. Upper body extremity injuries were higher in the wake of a bicycle accident. E-bike injuries are similar to that sustained by bicyclists, and the older the rider, the increased prevalence of brain trauma.
Types of Motorized E-bike, Moped, and Vespa Accident Injuries
Reports from the National Trauma Registry ceased in 2016, but their database reported 549 E-bike injuries between 2014 and 2015. According to the data, 65 percent of injured patients sustained orthopedic injuries involving the lower extremities, such as fractures and broken bones. These injuries resulted in surgical intervention, hospital stays, and long recovery times.
Other E-bike, Moped, and Vespa injuries may include, but not be limited to:
- Fractured or broken tibia and femur;
- Broken or fractured pelvis;
- Lower body spinal cord injuries;
- Fractured and broken arms;
- Dislocations of the shoulder, wrist, hand, and elbow;
- Face injuries;
- Head and neck injuries;
- Abdominal trauma;
- Cerebral trauma;
- Punctured lung(s); and
- Internal bleeding.
Who Was At-Fault in the Moped, E-bike, and Vespa Crash?
Accident scenes may look one way but happen another way, which is why police usually attend and create a report. However, often vehicles have been moved, the driver and passenger are injured and not coherent, are on their way to medical care, or there were no obvious witnesses.
This may mean no citations being issued – a fact that irks insurance companies who work from the point of view of needing to know who was responsible for an accident because that affects the amount of money paid out on a claim.
This can result in the police only having what the drivers say to put into the report, which means either driver or both could change their version of the crash when questioned. This does not mean a claim cannot be filed.
Going it alone in the early stages after a Moped, E-bike, or Vespa crash is not recommended as each situation is complicated as it relates to a fault, the type of insurance available, and the potential outcome for those involved. Who is accountable for an E-bike crash? It may be the at-fault vehicle driver, another cyclist, or a pedestrian. Claims may be made for injuries suffered in collisions caused by a car, another E-bike, Vespa or Moped rider, or a pedestrian. Negligence is always a factor in such cases.
At the Law Office of Jason M. Hatfield, we can guide you through the confusing process of what to do after a Moped, E-bike, or Vespa crash. We explain how the insurance situation can affect you depending on who is at fault, what insurance you carry on your vehicle and the case’s circumstances. Talk to us. We do have the answers.
What if you rent one of these motorized vehicles and get involved in a crash? This type of situation is always tricky, depending on the facts of the case, which caused the accident, what insurance there is available, the severity of the injuries, the type of insurance carried by the company that rents the bikes out, and whether they were safely maintained.
Each situation is different. Each case is complex and intricate. And that is what we are here for at the Law Office of Jason M. Hatfield – to help you learn about your legal rights and recover compensation for your injuries.
How to File a Moped, E-Bike, or Vespa Arkansas Claim
Filing a claim for injuries sustained in a motorized vehicle is similar to filing a claim for personal injuries sustained in a car accident. Generally speaking, the at-fault vehicle driver, whether that happens to be a Moped, E-Bike, or Vespa rider, is held responsible for the collision. As with other personal injury claims, the key element that needs to be present in these types of cases is that there was negligence involved.
Arkansas is an at-fault state, which means the person who caused the crash is also responsible for damages and injuries to the injured individual. What is also important in Arkansas is that it is an “add-on” state for no-fault car insurance. This means drivers must carry at-fault liability coverage, but they may also add additional no-fault coverage. The no-fault liability policy helps pay damages and medical bills. It does not matter who caused the crash.
While this sounds relatively straightforward, it is not easy to collect compensation even with the right type of insurance policy and even without proving who caused the accident. You must choose personal injury protection (PIP) insurance to get additional insurance in Arkansas. Usually, if an individual is hurt in a crash, they would turn to the at-fault driver’s insurance for payment.
Arkansas also has no-fault car insurance that covers expenses even if you caused the accident – meaning there is no need to prove negligence or prove who caused the accident to file a claim. Succinctly put, having insurance on board is beneficial when filing a motorized vehicle injury accident claim.
How To Recover Compensation for a Moped Accident in Arkansas
There are three ways an injured individual may claim compensation after being involved in an accident in Arkansas. They include the following:
- Filing a third-party claim with the at-fault driver’s insurance carrier.
- Filing a personal injury claim.
- Filing a claim with your insurance carrier. If you did not cause the accident, your carrier files a subrogation claim with the at-fault driver. You may collect under that policy if you caused the crash and have PIP.
In Arkansas, all drivers must buy liability insurance with certain minimums, including the following:
- Twenty-five thousand bodily injuries or death for one individual;
- Fifty thousand bodily injuries or death for all injured in an accident; and
- Twenty-five thousand property damage.
An important fact to remember is that liability coverage does not apply to your injuries or damages. To get coverage for your injuries and damages from a crash you caused, you must have PIP or no-fault protection. At the Law Office of Jason M. Hatfield, we understand that the various requirements, insurance outcomes, and compensation levels need to be clarified. We can help you sort it out and explain your options according to the facts of your case.
Contact the Law Office of Jason M. Hatfield Today
If you were involved in an E-bike, Moped, Scooter, or Vespa crash, contact the Law Office of Jason M. Hatfield by calling (479) 361-3575. Our dedicated team of E-bike, Moped and Vespa accident lawyers is here to help.
Call us today for a free initial consultation and to find out what you can expect should you file a personal injury lawsuit. We know you have questions, and we can answer them for you. The Law Office of Jason M. Hatfield is just one quick call away: (479) 361-3575.